Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 491-500 of 561

SCC Rules Tree Falling on Car was MVA

June 25, 2012

MT Insurance Law Blog

The Supreme Court of Canada has ruled that a person was involved in a “motor vehicle accident” when a tree fell on his parked car and killed him.  In City of Westmount v. Richard Rossy et al., a tree collapsed...

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Human Rights Code Amendments – What steps should an employer take?

June 18, 2012 | Carol S. VandenHoek

Canadian Labour & Employment Law Blog

What action should an employer take to address the pending amendments to the Ontario Human Rights Code to protect their organization? These amendments will add to the protected grounds of discrimination the grounds of “gender identity” and “gender expression” with...

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What’s Stress Got to Do With It?

June 4, 2012

Canadian Labour & Employment Law Blog

Author: Ian Smith Must an employer accommodate a worker at an industrial plant who threatens to kill his supervisor? How about a psychiatric hospital nurse who kicks a disruptive patient out of a van and leaves them at the side...

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What does “Authorized by Law” to Drive Mean?

May 23, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has released a decision interpreting the meaning of the phrase “authorized by law” in s. 4(1) of O. Reg. 777/93 (Statutory Condition 4 in the OAP). In Kereluik v. Jevco, the insured Kereluik was...

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Investigating Employee Misconduct

May 22, 2012

Canadian Labour & Employment Law Blog

Author: Clifford Hart Joe, an employee of 15 years, is caught on surveillance video taking scrap out of the plant, which is in direct violation of company rules. Sally, who is off work and in receipt of short-term disability benefits...

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Job Competitions: Union Observers, Non-Union Applicants and Privacy

May 17, 2012 | Heather MacMillan-Brown

Canadian Labour & Employment Law Blog

Saskatchewan Institute of Applied Science and Technology v. Saskatchewan Government and General Employees’ Union, 2012 SKQB 102. This case involved the interpretation of a provision of a collective bargaining agreement (the “CBA”) between the Saskatchewan Institute of Applied Science and...

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ONCA Affirms Start Date of OPCF 44R Limitation Period

May 14, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has affirmed that the limitation period in section 17 of the OPCF 44R (Family Protection Endorsement) starts from when the plaintiff has a body of evidence accumulated that would give him a “reasonable chance”...

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Court Denies Plaintiff “Peace of Mind” SABS Declaration

May 9, 2012

MT Insurance Law Blog

A Superior Court judge has denied an accident benefits plaintiff a “peace of mind” declaration she sought with respect to her claim for income replacement benefits. The decision is interesting as it appears that the plaintiff might have been categorized...

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Parveen and AVIVA: Practical steps for settlement of AB Claims

May 8, 2012 | Talaal Bond

MT Insurance Law Blog

Since the Parveen and AVIVA decision (and its companion Fredric and AVIVA) was published on March 30, 2012 there has been considerable confusion regarding the adequacy of the Settlement Disclosure Notice (“SDN”). Prior to that time, the SDN has been understood to have...

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Supreme Court Declines to Hear Case Regarding Liability of Road Authority

May 4, 2012 | Amelia M. Leckey

MT Insurance Law Blog

On May 3, 2012, the Supreme Court of Canada dismissed an application for leave to appeal the dismissal of an action seeking damages for alleged negligent road maintenance [Morsi v. Fermar Paving Limited et al, SCC 34515]. The claim arose...

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Displaying 491-500 of 561

Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.